A Circuit Court judge must decide if a June 2 resolution by the Chesapeake Critical Area Commission invalidated a county permit to grade 13 lots in the Back Bay Beach subdivision.

Assistant Maryland Attorney General George Gay argued July 21 before Judge Eugene Lerner that the resolution declaring portions of the county's shoreline protection program "deficient" also voided the permit given to BMCN Joint Ventures last fall. The permit was approved under the "deficient" provisions.

Attorneys for the county and the developer have until early August to respond with written counter-arguments. Assistant County Attorney Jamie Insley said the permit should be unaffected because BMCN had begun grading before the Critical Area Commission passed its resolution.

Mr. Gay and Thomas Wohlgemuth, who represents neighbors of the West River development, also argued that the permit should be revoked because its approval conflicts with the state Critical Area law.

This is the second permit issued to BMCN to be challenged. Members of the West River Federation, a community association, withdrew a suit this spring before the Court of Special Appeals challenging a license allowing the developer to install roads and sewer lines.

The Critical Area Commission and the residents fear the development could damage nontidal wetlands that filter nutrients and other pollutants from storm water before it flows into the bay.

Incoming county leader frightens away burglar

The incoming head of the county Recreation and Parks Department apparently scared off a burglar Thursday night at his Annapolis home.

City police said a man tried to break into Walter Chitwood's home, in the 100 block of S. Southwood Ave., about 11:20 p.m. by breaking a window and cutting a screen.

But police said Mr. Chitwood, who heard the commotion, came downstairs with his large barking golden retriever. He found the window open, but the burglar gone.

Mr. Chitwood said he never saw the burglar.

His wife called city police, who along with a county officer and his K-9 dog, caught a man after tracking him to a gas station on West Street near downtown.

Larry Darnell Brooks, 39, of the 1800 block of Whiton Ave., was charged with one count of breaking and entering.

Police investigate series of car thefts

Police are investigating at least six cases of theft from cars parked on residential streets in Hillsmere Shores, just south of Annapolis.

Several of the thefts, which occurred between 1 a.m. and 6 a.m. Wednesday, were minor, totaling between $5 and $15 in coins. The most serious was a stolen CD player and discs worth $390.

In that case, police said a pry tool was used to break into a pickup truck through a sliding window. The truck was parked in the 100 block of Huse Drive. Stolen was a portable Panasonic CD player valued at $180 and 12 CDs valued at $210.

In another case, a woman's wallet was stolen from an unlocked car parked at a home in the 100 block of E. Bay View Drive. Police said the wallet, worth $35, contained $2 in cash, a driver's license and numerous credit cards.

Three other cars were broken into in the 100 block of Huse Drive: $5 in change was stolen from an unlocked Ford Thunderbird, $7 in change from an unlocked Ford Aero Star Van and $15 in change from a Ford pick-up truck.

The sixth incident occurred in the 100 block of Boyd Road. Police said a CB-radio worth $125 was stolen from a car.